Opinion
570449/09.
Decided October 22, 2009.
Landlord appeals from an order of the Civil Court of the City of New York, Bronx County (Eleanora Ofshtein, J.), dated October 6, 2008, which granted tenant's motion to stay execution of the warrant of eviction in a holdover summary proceeding based upon chronic nonpayment of rent.
Order (Eleanora Ofshtein, J.), dated October 6, 2008, reversed, without costs, and tenant's motion denied. Execution of the warrant of eviction shall be stayed 30 days from the service of a copy of this order with notice of entry.
PRESENT: McKeon, P.J., Schoenfeld, Shulman, JJ.
Tenant repeatedly failed to comply with the unambiguous payment terms of no fewer than three so-ordered stipulations executed in settlement of the underlying chronic rent delinquency holdover proceeding. A further (fourth) stay of execution of the warrant of eviction was unwarranted ( see Mill Rock Plaza Assoc. v Lively, 224 AD2d 301), in view of tenant's extensive history of rent defaults, both prior to and during the pendency of this proceeding. "The forbearance initially shown by landlord in enforcing the strict letter of the payment provisions agreed upon by the parties did not confer upon tenant a license to ignore his rent responsibilities with impunity or to make continuous delinquency a litigation strategy" ( NKP Realty, LLC v Jennings , 16 Misc 3d 119 , 120).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.